Baby's killer in court after years on run

Saturday

Sep 22, 2012 at 12:01 AM

STOCKTON - In a "very unusual" case, a man who fled to Mexico the day his trial began in Stockton and was then convicted and sentenced in his absence had a brief appearance in court Friday, three years later.

Jennie Rodriguez-Moore

STOCKTON - In a "very unusual" case, a man who fled to Mexico the day his trial began in Stockton and was then convicted and sentenced in his absence had a brief appearance in court Friday, three years later.

Mario Martinez Peņa, 26, was a wanted fugitive when a jury found him guilty of child abuse resulting in death, and subsequently a judge sentenced him to 25 years to life for killing his girlfriend's 11-month-old child.

Describing it as a "very unusual" case, San Joaquin County Deputy District Attorney Angela Hayes said attorneys and the court decided to proceed without him in 2009 after Peņa posted bail and fled the country.

But after three years on the run, authorities have caught up to Peņa. He was extradited to San Joaquin County.

Hayes said Peņa could have been transferred directly to a California prison, since the case had been adjudicated, but for some reason, he was scheduled back in San Joaquin County Superior Court Judge Terrence Van Oss' courtroom Friday.

Van Oss had sentenced Peņa three years ago.

At Friday's hearing, defense attorney Berthier Maciel raised an issue with absence of a probation report. The Probation Department typically prepares a report using interviews and the convict's background to be used by state prison officials in determining an inmate's classification and housing.

Hayes argued in court that Maciel agreed to carry out the defense without his client in 2009 and waived the right to a probation report back then.

Van Oss agreed the case is settled, including an appeal that was rejected by the state, and, therefore, the trial court no longer has jurisdiction over Peņa's matter.

"Mr. Peņa created this situation," Van Oss said, adding he was not suggesting Peņa deserves no consideration.

"But it's just too late," Van Oss said. "There's just nothing I think this court can do for him."

Nevertheless, Van Oss is giving Maciel an opportunity to look into the probation report matter.

Sheriff's reports say medical responders were called to Peņa's Lathrop home on Feb. 4, 2008, on a report of an injured child.

The child, 11-month-old Jacob Leon, was taken to a local hospital for treatment, then flown to Oakland Children's Hospital.

Peņa told Lathrop deputies he had given the baby a bath and went to another room to answer the phone. Peņa said he ran to the bathroom after hearing a noise only to find Jacob lying on his back in the bathtub.

Medical reports, however, didn't match Peņa's account. Doctors said the baby's injuries were consistent with a violent physical assault. Jacob succumbed to his injuries just days later.

Peņa was charged with Jacob's death. Before his trial could even begin, Peņa's girlfriend, Jacob's mother, reported the defendant had disappeared from the couple's home.

She said she found a suicide note in which Peņa said his body would never be found and the Sheriff's Office should not look for him.

In the days that followed, Hayes said Peņa had been posting his activities in Mexico on his MySpace page.

"He was having a grand ol' time," Hayes said.

Peņa was booked into San Joaquin County Jail on Sept. 14, where he was brought by U.S. marshals after his extradition from Mexico. He had been in Mexican custody for several months.

Van Oss continued Friday's hearing to Oct. 15, allowing Maciel more time in his pursuit of a probation report.

"For someone who doesn't have a rap sheet, it should make a difference," Maciel said in a Stockton court hallway.

Peņa will be held at the county jail until that hearing.

Hayes said that, although Peņa's trial proceeded in an unusual manner, cases have been tried in a defendant's absence before.

Other than the probation report issue, she doesn't anticipate the trial and sentencing will be challenged, because the course was completely lawful.